[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S4738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2402. Mr. WHITEHOUSE (for himself, Mr. Graham, Mr. Blumenthal, Mr.
Risch, and Mr. Bennet) submitted an amendment intended to be proposed
by him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle G--Asset Seizure for Ukraine Reconstruction Act
SEC. 1291. SHORT TITLE.
This subtitle may be cited as the ``Asset Seizure for
Ukraine Reconstruction Act''.
SEC. 1292. NATIONAL EMERGENCY DECLARATION RELATING TO HARMFUL
ACTIVITIES OF RUSSIAN FEDERATION RELATING TO
UKRAINE.
The procedures under section 1293 shall apply if the
President--
(1) declares a national emergency under section 201 of the
National Emergencies Act (50 U.S.C. 1621) with respect to
actions of the Government of the Russian Federation or
nationals of the Russian Federation that threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine; and
(2) declares that the use of the procedures under section
1293 are necessary as a response to the national emergency.
SEC. 1293. PROCEDURES.
(a) Nonjudicial Forfeiture.--Property may be forfeited
through nonjudicial civil forfeiture under section 609 of the
Tariff Act of 1930 (19 U.S.C. 1609), without regard to
limitation under section 607(a)(1) of that Act (19 U.S.C.
1607(a)(1)), if--
(1) the President makes the declaration described in
section 1292; and
(2) the Attorney General, or a designee, makes the
certification described in subsection (b) with respect to the
property.
(b) Certification.--After seizure of property and prior to
forfeiture of the property under subsection (a), the Attorney
General, or a designee, shall certify that, upon forfeiture,
the property will be covered forfeited property (as defined
in section 1708(c) of the Additional Ukraine Supplemental
Appropriations Act, 2023 (division M of Public Law 117-328;
136 Stat. 5200), as amended by this subtitle).
SEC. 1294. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO
REMEDIATE HARMS TO UKRAINE FROM RUSSIAN
AGGRESSION.
(a) In General.--Section 1708(c) of the Additional Ukraine
Supplemental Appropriations Act, 2023 (division M of Public
Law 117-328; 136 Stat. 5200) is amended--
(1) in paragraph (2), by striking ``which property
belonged'' and all that follows and inserting the following:
``which property--
``(A) belonged to, was possessed by, or was controlled by a
person the property or interests in property of which were
blocked pursuant to any license, order, regulation, or
prohibition imposed by the United States under the authority
provided by the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) or any other provision of law, with
respect to--
``(i) the Russian Federation; or
``(ii) actions or policies that undermine the democratic
processes and institutions in Ukraine or threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine;
``(B) was involved in an act in violation of or a
conspiracy or scheme to violate--
``(i) any license, order, regulation, or prohibition
described in subparagraph (A); or
``(ii) any restriction on the export, reexport, or in-
country transfer of items imposed by the United States under
the Export Administration Regulations, or any restriction on
the export, reexport, or retransfer of defense articles under
the International Traffic in Arms Regulations under
subchapter M of chapter I of title 22, Code of Federal
Regulations, with respect to--
``(I) the Russian Federation, Belarus, the Crimea region of
Ukraine, or the so-called `Donetsk People's Republic' or
`Luhansk People's Republic' regions of Ukraine;
``(II) any person in any such country or region on a
restricted parties list; or
``(III) any person located in any other country that has
been added to a restricted parties list in connection with
the malign conduct of the Russian Federation in Ukraine,
including the annexation of the Crimea region of Ukraine in
March 2014 and the invasion beginning in February 2022 of
Ukraine, as substantially enabled by Belarus; or
``(C) was involved in any related conspiracy, scheme, or
other Federal offense arising from the actions of, or doing
business with or acting on behalf of, the Russian Federation,
Belarus, the Crimea region of Ukraine, or the so-called
`Donetsk People's Republic' or `Luhansk People's Republic'
regions of Ukraine.''; and
(2) by adding at the end the following:
``(3) The term `Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).
``(4) The term `restricted parties list' means any of the
following lists maintained by the Bureau of Industry and
Security:
``(A) The Entity List set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
``(B) The Denied Persons List maintained pursuant to
section 764.3(a)(2) of the Export Administration Regulations.
``(C) The Unverified List set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations.''.
(b) Extension of Authority.--Section 1708(d) of the
Additional Ukraine Supplemental Appropriations Act, 2023 is
amended by striking ``May 1, 2025'' and inserting ``the date
that is 3 years after the date of the enactment of the Asset
Seizure for Ukraine Reconstruction Act''.
SEC. 1295. RULEMAKING.
The Attorney General and the Secretary of the Treasury may
prescribe regulations to carry out this subtitle without
regard to the requirements of section 553 of title 5, United
States Code.
SEC. 1296. TERMINATION.
(a) In General.--The provisions of this subtitle shall
terminate on the date that is 3 years after the date of the
enactment of this Act.
(b) Savings Provision.--The termination of this subtitle
under subsection (a) shall not--
(1) terminate the applicability of the procedures under
this subtitle to any property seized prior to the date of the
termination under subsection (a); or
(2) moot any legal action taken or pending legal proceeding
not finally concluded or determined on that date.
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